Kevin O'Connor

Full Profile

Kevin O’Connor advises major national and international property and casualty insurers, reinsurers, insurance claim administrators, and other stakeholders in the insurance industry in complex insurance coverage, surety and liability matters on a regional and national basis. Clients turn to his expertise in matters related to environmental, toxic tort, asbestos, sexual abuse, products liability, general liability, surety, fidelity, bad faith, and other claims.

A trial lawyer for over 30 years, Kevin has broad and deep experience in the trial, arbitration and appeal of insurance and reinsurance coverage, construction, surety, insurance defense, environmental and other commercial cases. His involvement in cases at the cutting edge of developing insurance coverage issues, appearing as counsel for litigants or other interested parties, has been a hallmark of his career. Kevin’s surety law practice includes representing commercial and contract sureties in the defense of payment and performance bond claims, in connection with probate and other bonds and in pursuit of recoveries. In all his work, Kevin has a proven commitment to providing excellent legal solutions delivered through responsive client service. He has been ranked by Chambers USA in the insurance field since 2016.

Admissions

• Massachusetts
• US District Courts for the Districts of Massachusetts and Connecticut
• US Courts of Appeal for the First, Second and Fourth Circuits

Education

• J.D., cum laude, Harvard Law School, 1989
• B.A., summa cum laude, Boston College, 1986

Memberships

• Massachusetts Bar Association
  • Civil Litigation and Environmental Law Sections
• American Bar Association
  • Torts and Insurance Practice
  • Fidelity and Surety Law Committee
  • Natural Resources, Energy and Environmental Law and Litigation sections
• Massachusetts Insurance and Reinsurance Bar Association
• Defense Research Institute (DRI)
  • Fidelity and Surety Committee
  • Insurance Law Committee
• Surety Claims Institute
  • Director and Vice President

Experience

• Represented contract surety with respect to performance and payment bond claims arising general contractor default. Matter concluded in 2022 and involved the completion of multiple projects, pursuit of injunctive relief with respect to fraudulent conveyances, dozens of payment bond claims, and multiple bankruptcy proceedings.
• Represented insurers in large multisite environmental coverage dispute involving historic gas manufacturing and electricity generation facilities. Obtained summary judgment as to all claims at all sites in 2011 and prevailed on appeal at the conclusion of the litigation in 2016.
• In 2021, represented completing contract surety in successful federal court fraudulent conveyance action asserted against indemnitors under a general agreement of indemnity. Obtained real estate attachments and other injunctive relief against the indemnitors and related parties to whom the indemnitors had transferred real estate for nominal consideration.
• Successful defense of insurer in multi-week jury trial regarding a claimed breach and termination of a ‘coverage in place’ defense agreement. This trial was part of a long-term series of disputes regarding insurance coverage for and defense of asbestos bodily injury claims that remain ongoing.
• Represented insurer as appellate counsel in 2019 appeal with respect to alleged violations of M.G.L. c. 93A in connection with the settlement of an underlying tort claim. The appellate court rejected a claimant’s effort to use an agreement for judgment entered without the insurer’s consent as the measure of damages. 
• Defense verdict for construction company client in jury trial alleging race and gender based discrimination and wrongful termination of employment.
• Current ongoing representation of property and casualty insurer in multiple matters against claims alleging statutory claims handling violations.
• Ongoing representation of contract surety in connection with alleged defaults by road construction contractor and performance bond claims asserted by municipal project owners.
• Ongoing representation of completing contract surety in federal court litigation with a completion contractor over responsibility for project cost overruns.